Archived
Has California Law changed to person who are sentenced to prison only serving 65% instead of 85% and 50% to 35% ? AB 109 ?
Seth's answer
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Answered on February 18, 2013
Any individual with a strike related crime is serving 80% in state prison. Any individual with a non strike background serving state prison time is...
Archived
If I am convicted for a misdemeanor PC-459-460 (b) and PC 484 and receive probation, am I to be booked again and released?
Seth's answer
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Answered on February 18, 2013
If they just need to book you because they did not before, you likely won't be in jail for more than a few hours. You really won't be in a jail...
Archived
My property was searched by the local police on Feb 5, it is now the 18th and a warrant has still not been provided to my lawyer
Seth's answer
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Answered on February 18, 2013
The Police must serve a Search Warrant within 10 calendar days. They must provide a copy of the Search Warrant, the Affidavit and the Return of...
Archived
Expunge DUI from immigration
Seth's answer
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Answered on February 18, 2013
DUIs are notoriously difficult to Expunge, primarily because they are driving related criminal offenses. I do not believe that a DUI disqualifies...
Archived
NY
Seth's answer
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Answered on February 18, 2013
You need an immigration attorney to see if your boyfriend qualifies for relief.
Seth Weinstein, Esq.
Practicing throughout Southern California...
Archived
I was recently charged with a misdemeanor for drug (marijuana) paraphernalia. Can my school punish me for it?
Seth's answer
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Answered on February 18, 2013
Your school can punish you. They have the ability to do so. The extent of punishment is always up for debate. They can definitely suspend you from...
Archived
My fiance was charged with first degree murder at the age of 16 in 2007 he is now 22 does the second chance law for murders aply
Seth's answer
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Answered on February 18, 2013
He will qualify for Second Chance, but he has to serve at least 25 years in prison.
Seth Weinstein, Esq.
Practicing throughout Southern...
Archived
Can I get a probation violation if I get a red light camera ticket?
Seth's answer
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Answered on February 18, 2013
A traffic infraction in California under the Penal Code cannot violate Probation.
Seth Weinstein, Esq.
Practicing throughout Southern...
Archived
Husband is in prison with a yr left on prison term, has another ongoing case pending on an unrelated charge will they release...
Seth's answer
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Answered on February 18, 2013
Something doesn't sound right here. His case has been going on for 3 years and the case is from 1996. This leads me to conclude the case is a...
Archived
Husband on probation, charged tonight for possession while sleeping in my car, not read rights and got 5150
Seth's answer
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Answered on February 18, 2013
You cannot quash this case even though the Police did not read your husband his Miranda warning. The only time Miranda makes a difference is when...
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